Why am i getting a cease and desist from copyright/ trademark?

Hello Bonanza Community, I have received a cease and desist order of copyright/ trademark infringement for a product that I legally purchased and owned privately but do not own the brand. I somehow feel I’ve been selectively targeted since the same product sells on Ebay by private owners, which I doubt these Ebay sellers got permissions from this company to sell on that Ecommerce Platform. Is there any wrongdoing if I want to get rid of the product and sells it to consumers who finds it useful? I can ascertain the product is not of fakes, duplicates, copies, or in anyway manipulated origin. I don’t appreciate being falsely labeled a transgressor! This coming from a seller who without brawl, refunds customers of lost packages in transit by USPS 4x at the seller’s own loss! (USPS still have not found the packages). So basically I cannot sell any merchandise at all, since I dont own the product’s Title/Brand?! I have to create each and every company for every product I list???!!!!!

1 Comment

Atomicdiner says: June 18, 2020

I got something like this a few years back. Believe it or not, for some Korean made Razor Blades of all things. All over Ebay but not here. This is NOT EBAY who has no scruples on what is sold it seems. Sell it elseware.

4 Answers

This is an official Bonanza response.

Hello The_Buyster_Market

So that we are compliant with copyright laws and to protect the integrity of Bonanza and it’s seller, Bonanza.com, Inc. (“Bonanza”) has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act.

Here is additional information from our Help pages:
https://support.bonanza.com/hc/en-us/articles/360001173551

If you believe that your items have been removed in error, you may contact the Brand Representative noted on the email you received or submit a counter-notice directly to the brand. You can find more details on how to do so on the following page:

https://www.bonanza.com/site_help/DMCA/Brand_Protection_Program#counternotice

If you have any questions regarding the brand’s Cease & Desist notification, or you would like more information on this brand’s selling requirements, please contact the brand agent directly as stated on the email you received.

If you need additional support please email our support team and they will be glad to assist you further. Contact us at support@bonanza.com

Thank you and Happy Selling!
Kind Regards
Wanda
Bonanza Support

answered 20 days ago

A few years back I received one for some brand name, used moccasins I was reselling. I of course used the brand name since that is indeed what they were. I was provided an email for company’s contact along with the notice that Bonanza sent.I explained to the company and it got straightened out. I believe it is bots that seek out the brand names and flag them without of course, understanding the full circumstances of the listing.

answered 20 days ago

Thank you Bonanza Community for this clairvoyant clarity, I done some in depth delving myself and come up with this https://www.eff.org/pages/unintended-consequences-fifteen-years-under-dmca, this should concerns all resellers, especially what these corporate venal lawyers dubbed us as “free-riders”, “unauthorized resellers”, they are hellbent to get us legitimate resellers, their ultimate goal is to dominate market shares. Please take the time to browse the link I provided. But to tell the truth, we reseller are actually helping the products’ brand to gain recognition, thus I tend to not veer off by distorting descriptions and images by modifications or variants, since doing so will also warrant red flags such as misrepresentations, false pretense etc., A conundrum indeed. As for my case, I am currently reflecting on whether to shut my account on Bonanza or not, to satiate these corporate venal attorneys ballooning their pockets. Best of luck to bonanza resellers, I wish you prosperity and good fortune, which I sorely lacks. (My storage was broken into :()

answered 19 days ago

Usually when something like this happens, someone reported the listing to the company (trademark/brand owner) and they send the cease and desist order. Once bonanza is informed they are required to send the seller the notice.

Sometimes it is another seller reporting the listing trying to get rid of competition (lousy, I know)

Other times it is the company bots that just happened to find the listing and automatically sends the orders…you got caught in a sweep

More than likely it is automatic notice sent due to search bots…

It happened once here several years ago when a Nike bot went through the site and lots of cease and desist orders went out…same with words like assist, assemble, assortment (these get flagged often because of the first 3 letters of the words)

answered 20 days ago

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